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KEOGH v. NEW YORK STATE DEP'T OF HEALTH

128 A.D.2d 841 (1987)

Gertrude Keogh et al., Appellants, v. New York State Department of Health et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 30, 1987

Ordered that the judgment is affirmed, without costs or disbursements.

The court correctly dismissed the proceeding with respect to the respondent New York State Department of Health, since the court never acquired jurisdiction over that respondent (see, CPLR 3211 [a] [8]; 7804 [f]). The petitioners commenced their proceeding by service of a notice of petition and petition upon an Assistant Attorney-General at an...

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